5010P
Page 1 of 7
PERSONNEL
Nondiscrimination and Affirmative Action
Nondiscrimination
To ensure fairness and consistency, the following grievance procedure is to be used in the
district’s relationship with its staff with regard to employment problems covered by state and
federal equal employment opportunity laws and/or this affirmative action program. No staff
member’s status with the district will be adversely affected in any way because the staff member
utilized these procedures. As used in this procedure, “grievance” will mean a complaint which
has been filed by a complainant relating to alleged violations of any state or federal antidiscrimination laws. A “complaint” will mean a charge alleging specific acts, conditions or
circumstances which are in violation of the anti-discrimination laws. A “respondent” will mean
the person alleged to be responsible or who may be responsible for the violation alleged in the
complaint.
The primary purpose of this procedure is to secure an equitable solution to a justifiable complaint
to this and the following steps will be taken:
Affirmative Action Plan
In order to secure an equitable solution to a justifiable complaint the district will:
A. Make efforts to modify the composition of the future work force in order to work toward
a full utilization of aged, persons with disabilities, ethnic minorities, women and Vietnam
veterans in the various job categories.
B. Ensure that all applicants and staff are considered on the basis of bona fide job-related
qualifications. The purpose of the affirmative action plan is to actively include persons of
under-utilized classes in the employment process, not to exclude others from it. The
district will continue to emphasize in all recruitment contacts that nondiscrimination is a
basic element in the district’s personnel procedures.
C. Be responsible for reviewing all employment procedures and programs to assure that
there is no indication of discriminatory practices. The district will continue to use aged,
persons with disabilities, ethnic minorities, women and Vietnam veterans in the
recruitment and employment process. Job descriptions for classified staff will be sent to
the Washington Employment Service and other organizations which are recruiting
sources for groups that may be under-utilized in the district’s work force. Recruitment
from colleges and universities will include institutions with high percentages of students
of various ethnic minorities.
D. Contract and purchase all goods and services from persons, agencies, vendors, contractors
and organizations who comply with the appropriate laws and executive orders regarding
discrimination.
E. Take appropriate action to attract and retain aged, persons with disabilities, ethnic
minorities, women and Vietnam Veterans at all levels and in all segments of the district’s
work force. Criteria for selecting staff will be reviewed regularly to assure that such
5010P
Page 2 of 7
statements relate directly to the requirements for specific positions. However, pursuant to
state law there will be no preferential employment practices based on race or gender.
F. Upgrade present staff by providing management development training to assure that
individuals of under-utilized groups are prepared for positions of new and increased
responsibility.
Implementation of the affirmative action plan will be the responsibility of the superintendent.
Administrators will assist in the attainment of the established goals and purposes of this
affirmative action plan.
Dissemination
The district will disseminate information concerning employment and developments under the
affirmative action plan on a planned basis to assist in achieving the goals set forth in this plan.
Affirmative action information will be disseminated by:
A. Posting and distributing such information to staff, school libraries and offices;
B. Publicizing such information in district newsletters;
C. Conducting meetings with administrative staff to explain the intent and advantages of the
policy and plan;
D. Conducting faculty meetings and meetings with classified staff;
E. Informing appropriate and interested recruiting and hiring sources; and
F. Informing all representative staff groups in the district.
Internal Audit and Monitoring System
The superintendent’s office, in compliance with WAC 162-12, Pre-employment Inquiry Guide,
will record by age, race, sex and other protected groups applicant flow, new hires, promotions,
transfer requests, transfers, administrative internships and terminations. An analysis will be made
of the internal and external work force availability of aged, persons without disabilities, ethnic
minorities and women.
The district will evaluate the effectiveness of the nondiscrimination and affirmative action
program and report its status to the board semiannually. Such reports may include
recommendations for changes in the affirmative action program goals. The overall responsibility
for monitoring and auditing this policy is assigned to the district office. The duties include:
A.
B.
C.
D.
Analysis of the categories of employment in relation to affirmative action goals;
Analysis of work force data and applicant flow;
Maintaining records relative to affirmative action information;
Preparation of semiannual reports of progress toward the goals and recommended
changes required to maintain the vitality of the program;
E. Identifying in a written report to the superintendent any employment practice or policy
that is discriminatory or that does not meet the requirements of the affirmative action
program; and
F. Keeping the superintendent advised of the progress in implementing the goals and
procedures of this affirmative action program.
5010P
Page 3 of 7
Grievance Procedure
To ensure fairness and consistency, the following review procedures are to be used in the
district’s relationship with its staff with regard to employment problems covered by state and
federal equal employment opportunity laws and/or this affirmative action program. No staff
member’s status with the district will be adversely affected in any way because the staff member
utilized these procedures.
A. “Grievance” means a complaint which has been filed by an employee relating to alleged
violations of any state or federal anti-discrimination laws.
B. “Complaint” means a written charge alleging specific acts, conditions or circumstances,
which are in violation of the anti-discrimination laws. The time period for filing a
complaint is one year from the date of the occurrence that is the subject matter of the
complaint. However, a complaint filing deadline may not be imposed if the complainant
was prevented from filing due to: 1) Specific misrepresentations by the district that it had
resolved the problem forming the basis of the complaint; or 2) Withholding of
information that the district was required to provide under WAC 392-190-065 or WAC
392-190-005. Complaints may be submitted by mail, fax, e-mail or hand-delivery to
any district, school or to the district compliance officer responsible for investigating
discrimination complaints. Any district employee who receives a complaint that meets
these criteria will promptly notify the compliance officer.
C. “Respondent” means the person alleged to be responsible or who may be responsible for
the violation alleged in the complaint.
The primary purpose of this procedure is to secure an equitable solution to a justifiable
complaint. To this end, specific steps will be taken. The district is prohibited by law from
intimidating, threatening, coercing or discriminating against any individual for the purpose of
interfering with their right to file a grievance under this procedure and from retaliating against an
individual for filing such a grievance.
A. Informal Process for Resolution
When a staff member has an employment problem concerning equal employment
opportunity, he/she will discuss the problem with the immediate supervisor, personnel
director or superintendent within 60 days of the circumstances which gave rise to the
problem. The staff member may also ask the compliance officer to participate in the
informal review procedure. It is intended that the informal discussion will resolve the
issue. If the staff member feels he/she cannot approach the supervisor because of the
supervisor’s involvement in the alleged discrimination, the staff member may directly
contact the compliance officer before pursuing formal procedures. If the discussion with
the officer or immediate supervisor does not resolve the issue the staff member may
proceed to the formal review procedures. During the course of the informal process, the
district will notify complainant of their right to file a formal complaint.
B. Formal Process for Resolution
Level One: Complaint to District
The complaint must set forth the specific acts, conditions, or circumstances alleged to be
5010P
Page 4 of 7
in violation. Upon receipt of a complaint, the compliance officer will provide the
complainant a copy of this procedure. The compliance officer will investigate the
allegations within 30 calendar days. The school district and complainant may agree to
resolve the complaint in lieu of an investigation. The officer will provide the
superintendent with a full written report of the complaint and the results of the
investigation.
The superintendent or designee will respond to the complainant with a written decision as
expeditiously as possible, but in no event later than 30 calendar days following receipt of
the written complaint, unless otherwise agreed to by the complainant or if exceptional
circumstances related to the complaint require an extension of the time limit. In the event
an extension is needed, the district will notify the complainant in writing of the reason for
the extension and the anticipated response date. At the time the district responds to the
complainant, the district must send a copy of the response to the office of the
superintendent of public instruction.
The decision of the superintendent or designee will include: 1) a summary of the results
of the investigation; 2) whether the district has failed to comply with anti-discrimination
laws; 3) if non-compliance is found, corrective measures the district deems necessary to
correct it; and 4) notice of the complainant’s right to appeal to the school board and the
necessary filing information. The superintendent’s or designee’s response will be
provided in a language the complainant can understand and may require language
assistance for complainants with limited English proficiency in accordance with Title VI
of the Civil Rights Act of 1964.
Any corrective measures deemed necessary will be instituted as expeditiously as possible,
but in no event later than 30 calendar days following the superintendent’s mailing of a
written response to the complaining party unless otherwise agreed to by the complainant.
Level Two - Appeal to Board of Directors
If a complainant disagrees with the superintendent’s or designee’s written decision, , the
complainant may file a written notice of appeal with the secretary of the board within ten
(10)calendar days following the date upon which the complainant received the response.
The board will schedule a hearing to commence by the twentieth (20) calendar day
following the filing of the written notice of appeal unless otherwise agreed to by the
complainant and the superintendent or for good cause. Both parties will be allowed to
present such witnesses and testimony as the board deems relevant and material. Unless
otherwise agreed to by the complainant, the board will render a written decision within
thirty (30) calendar days following the filing of the notice of appeal and provide the
complainant with a copy of the decision. The decision of the board will be provided in a
language the complainant can understand, which may require language assistance for
complainants with limited English proficiency in accordance with Title VI of the Civil
Rights Act. The decision will include notice of the complainant’s right to appeal to the
superintendent of public instruction and will identify where and to whom the appeal must
be filed. The district will send a copy of the appeal decision to the office of the
superintendent of public instruction.
5010P
Page 5 of 7
Level Three - Complaint to the Superintendent of Public Instruction
If a complainant disagrees with the decision of the board of directors, or if the district
fails to comply with this procedure, the complainant may file a complaint with the
superintendent of public instruction.
1. A complaint must be received by the Superintendent of Public Instruction on or
before the twentieth (20) calendar day following the date upon which the complainant
received written notice of the board of directors’ decision, unless the Superintendent
of Public Instruction grants an extension for good cause Complaints may be
submitted by mail, fax, electronic mail, or hand delivery.
2. A complaint must be in writing and include: 1) A description of the specific acts,
conditions or circumstances alleged to violate applicable anti-discrimination laws; 2)
The name and contact information, including address, of the complainant; 3) The
name and address of the district subject to the complaint; 4) A copy of the district’s
complaint and appeal decision, if any; and 5) A proposed resolution of the complaint
or relief requested. If the allegations regard a specific student, the complaint must also
include the name and address of the student, or in the case of a homeless child or
youth, contact information.
3. Upon receipt of a complaint, the Office of the Superintendent of Public Instruction
may initiate an investigation, which may include conducting an independent on-site
review. OSPI may also investigate additional issues related to the complaint that were
not included in the initial complaint or appeal to the superintendent or board.
Following the investigation, OSPI will make an independent determination as to
whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190,
WAC and will issue a written decision to the complainant and the district that
addresses each allegation in the complaint and any other noncompliance issues it has
identified. The written decision will include corrective actions deemed necessary to
correct noncompliance and documentation the district must provide to demonstrate
that corrective action has been completed.
All corrective actions must be completed within the timelines established by OSPI in the
written decision unless OSPI grants an extension. If timely compliance is not achieved,
OSPI may take action including but not limited to referring the district to appropriate
state or federal agencies empowered to order compliance.
A complaint may be resolved at any time when, before the completion of the
investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide
technical assistance and dispute resolution methods to resolve a complaint.
Level Four - Administrative Hearing
A complainant or school district that desires to appeal the written decision of the Office
of the Superintendent of Public Instruction may file a written notice of appeal with OSPI
within thirty (30) calendar days following the date of receipt of that office’s written
decision. OSPI will conduct a formal administrative hearing in conformance with the
Administrative Procedures Act, Chapter 34.05, RCW.
5010P
Page 6 of 7
C. Mediation
At any time during the discrimination complaint procedure set forth in WAC 392-190065 through 392-190-075, a district may, at its own expense, offer mediation. The
complainant and the district may agree to extend the discrimination complaint process
deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district an
opportunity to resolve disputes and reach a mutually acceptable agreement through the
use of an impartial mediator. Mediation must be voluntary and requires the mutual
agreement of both parties. It may be terminated by either party at any time during the
mediation process. It may not be sued to deny or delay a complainant’s right to utilize the
complaint procedures.
Mediation must be conducted by a qualified and impartial mediator who may not:
1) Be an employee of any school district, public charter school, or other public or private
agency that is providing education related services to a student who is the subject of the
complaint being mediated; or 2) Have a personal or professional conflict of interest. A
mediator is not considered an employee of the district or charter school or other public or
private agency solely because he or she serves as a mediator.
If the parties reach agreement through mediation, they may execute a legally binding
agreement that sets forth the resolution and states that all discussions that occurred during
the course of mediation will remain confidential and may not be used as evidence in any
subsequent complaint, due process hearing or civil proceeding. The agreement must be
signed by the complainant and a district representative who has authority to bind the
district.
D. Preservation of Records
The files containing copies of all correspondence relative to each complaint
communicated to the district and the disposition, including any corrective measures
instituted by the district, will be retained in the office of the district compliance officer for
a period of 6 years.
Resources
1. District Contact
Director of Human Relations,
2. State Contacts
Superintendent of Public Instruction
Equity and Civil Rights Office
P.O. Box 47200
Olympia, WA 98504-7200
360.725.6162
Washington State Human Rights Commission
711 South Capitol Way, Suite 402
P.O. Box 42490
Olympia, WA 98504-2490
360.753.6770
5010P
Page 7 of 7
Office of Civil Rights
U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174
206.607.1600
Updated:
May, 2016